48 Ala. App. 334 - White v. State’s Empirical Analysis

Citation profile

6 federal appellate · 18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * has apparently restricted its view of the right to counsel so as to not now require the presence of counsel at confrontations for identification purposes prior to ‘the initiation of judicial criminal proceedings.’ It is unclear from the holding in Kirby just when a person becomes the subject of a ‘criminal prosecution.’ “On that question Mr. Justice Stewart wrote as follows: “ ‘The initiation of judicial criminal proceedings is far from a mere formalism. It is the starting point of our whole system of adversary criminal justice. For it is only then that the Government has committed itself to prosecute, and only then that the adverse positions of Government and defendant have solidified. It is then that a defendant finds himself faced with the prosecutorial forces of organized society, and immersed in the intricacies of substantive and procedural criminal law. It is this point, therefore, that marks the commencement of the “criminal prosecutions” to which alone the explicit guarantees of the Sixth Amendment are applicable. . . .’ * * * * * * “We pretermit at this time consideration of the question of whether counsel must be present at identification confrontations held after a person has been charged by affidavit and warrant with the specific offense in question but before indictment.””

   1 later decision quote this exact passage
   e.g. 49 Ala. App. 259 - Haggler v. State

2. ““It is now well settled that the holdings in Wade and Gilbert, supra, require the exclusion of in-court identifications which are the product of a line-up conducted in the absence of counsel unless it is established by clear and convincing evidence that the in-court identifications are based upon observations of the suspect other than those at the line-up.” White v. State, 48 Ala.App. 334 , 264 So.2d 565 .”

   1 later decision quote this exact passage
   e.g. 50 Ala. App. 661 - Rhodes v. State

3. “[W]hether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint.”

   1 later decision quote this exact passage
   e.g. 375 So. 2d 1231 - Ex Parte Yarber